NSW Changes to the Crimes Act

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jimmy12345

Member
4 November 2021
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Hi,
Have always wondered a question about the crimes act. When new legitimate defences get added to offences are they allowed to be used for alleged crimes that have happened previously. For instance if a crime is committed before the change and the charge happens after the change to the crimes act is the new defence allowed to be utilised by the defence?
 

Atticus

Well-Known Member
6 February 2019
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When new legitimate defences get added to offences are they allowed to be used for alleged crimes that have happened previously.
Basically, legislation can only be created, repealed or amended by parliament... Unless the amendments are specifically made to act retrospectively, then generally no... That's apart from Judges & magistrates having discretion on a particular matter to consider all evidence anyway.